The Defendant submits it is common that insurers do not insure soil contamination claims, on a “first party” basis. As authority, the Defendant cited Cole v. Aviva Ins. Co. of Canada, 2010 NLTD 80. In Cole there was an oil spill within the boundaries of the property for which the plaintiff sought compensation. The policy contained an exclusion for “damage to property” which she owned or occupied.
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